HUNTINGTON – A defendant in a breach of contract lawsuit is petitioning to move the case from state to federal court.
The Cincinnati Life Insurance Co. filed the motion May 6 in U.S. District Court for the Huntington Division of the Southern District of West Virginia.
In the original complaint, Heather Robertson, individually and as the personal representative of Jon Robertson (deceased), filed a lawsuit April 4 in Cabell Circuit Court against The Cincinnati Life Insurance Co., RDN & Associates, and its agent Greg Jones, alleging breach of contract and violation of the West Virginia Unfair Trade Practices Act.
According to the complaint, after Jon Robertson’s death, Cincinnati Life refused to pay the benefits and coverages specified in the insurance contract to Robertson’s wife and beneficiary, Heather Robertson.
Cincinnati Life says the case falls under federal jurisdiction because the parties are in different states and the amount in controversy exceeds $75,000.
Heather Robertson seeks a jury trial, all benefits owed under the insurance contract, and punitive and compensatory damages, as well as interest and litigation costs. She is represented by Huntington attorney William L. Mundy of Mundy & Associates.
Cincinnati Life is represented by Randall L. Trautwein, James D. Lamp and Jill E. Landsen of the firm of Lamp Bartram Levy Trautwein & Perry PLLC in Huntington.
U.S. District Court for the Huntington Division of the Southern District of West Virginia Case number 3:16-cv-04242